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HomeMy WebLinkAboutResolutions - 2006.12.14 - 28107December 14, 2006 REPORT MR # 06246 BY: Personnel Committee, Gregory C. Jamian, Chairperson RE: County Executive — Emergency Response and Preparedness — Acceptance for 2006 Homeland Security Grant Program TO: Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee having reviewed the above referenced Resolution on December 6, 2006 Reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE Personnel Committee Vote: Motion carried unanimously on a roll call vote (Commissioner Bullard voted ex-officio) with Middleton, Coleman, Rogers, Suarez and Hatchett absent MISCELLANEOUS RESOLUTION #06246 December 14, 2006 By: Public Services Committee, Jeff Potter, Chairperson IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS - ACCEPTANCE FOR 2006 HOMELAND SECURITY GRANT PROGRAM TO: OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS funding was released from the United States Department of Homeland Security to the State of Michigan for the 2006 Homeland Security Grant Program; and WHEREAS the State has awarded a 2006 Homeland Security Grant to Region 2 in the State which includes, but is not limited to the following Political Subdivisions: City of Detroit and Macomb, Monroe, Oakland, St Clair, Washtenaw, and Wayne Counties; and WHEREAS, the Michigan Homeland Protection Board created Regional Homeland Security Planning Boards throughout the State; and WHEREAS, the Michigan Homeland Protection Board has charged the Regional Homeland Security Planning Boards to identify and prioritize how the Grant funds will be used and to allocate the Grant funds to the Political Subdivisions: and WHEREAS, the Regional Homeland Security Planning Board for Region 2 ("Region 2 Planning Board") is comprised of the representatives from the above-listed Political Subdivisions; and WHEREAS, the Region 2 Planning Board is not a legal entity that can be a subgrantee for the Homeland Security Grant or that can manage and distribute the grant funds; and WHEREAS, the Region 2 Planning Board passed the attached resolution electing and appointing Oakland County as Fiduciary and Subgrantee for the 2006 Homeland Security Grant Program, if the County so desires: and WHEREAS the State Homeland Security award is $1,989,273, Regional Response Team Network $120,000, Law Enforcement Terrorism Prevention Program $1,544,120, Urban Areas Security Initiative (UASI) $14,904,000, for a total award of SI 8,557,393 with 1% of the total grant award allocated to Oakland County to management and administration for the period of July 1, 2006 through March 31, 2008: arid WHEREAS the Region 2 Planning Board approved all expenditure of $250,000 for personnel for regional planning activities for each political subdivision; and WHEREAS the election and appointment of Oakland County as Fiduciary and Subgrantee for the 2006 Homeland Security Grant Program requires additional staff to discharge these responsibilities, as noted in the attached summary, Emergency Response and Preparedness (ERP) is requesting the creation of one (1) new classification titled ERP- UASI Regional SAP at Salary Grade 9, non-exempt and one ( 1 ) full-time eligible Special Revenue ERP- UASI Regional SAP position in County Executive/ Emergency Response and Preparedness; and WHEREAS, because the level of time commitment that will be required of Management & Budget/Purchasing in the discharge of the Fiduciary responsibilities is unclear at this time, ERP is requesting the creation of one (1) full-time, non-eligible (2000 hr/year) Special Revenue Buyer II position in the Purchasing Division to be reviewed for possible expansion to full-time eligible as the program develops: and WHEREAS, in addition to the new responsibilities as Fiduciary and Subgrantee, Oakland County's Emergency Response and Preparedness continues and expands Oakland County's responsibilities under the I lomeland Security Grant Program. ERP is requesting the creation of one (1) new classification titled ERP- Regional SAP at Salary Grade 8, non-exempt and one (1) full-time eligible Special Revenue ERP- Regional SAP position: and WHEREAS one (I) full -time eligible Special Revenue Business Analyst (1010115- PUBLIC SERVICES COMMITTEE VOTE: Motion carried on a roil call vote with Middleton, Suarez and Gershenson absent. 1 10296) position was created (MR 04304) and continued (MR 05182) to discharge Moineland Security responsibilities. It is requested that position be continued and laterally reclassified to the newly requested ERP-Regional SAP classification; and WHEREAS the Grant Agreement has been reviewed and approved through the County Executive Contract Review Process: and WHEREAS Oakland County Corporation Counsel has developed the attached Interlocal Agreement and Exhibits to be used for the 2006 Homeland Security Grant Program. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the position of Fiduciary and Subgrantee for the 2006 Homeland Security Grant Program and accepts the grant funds in an amount up to S18,557,393 with no county match or in- kind contribution required. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes its Chairperson or his designee to execute and enter into this agreement on behalf of the County of Oakland. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes its Chairperson or his designee to execute and enter into the attached 2006 Homeland Security Grant Program Fiduciary Resolution, passed by the Region 2 Planning Board. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the attached Interlocal Agreement and Exhibits and authorizes its chairperson to execute such Agreement and all other related documents between Oakland County and the Political Subdivisions located in Region 2 of the State. BE IT FURTHER RESOLVED that one (1) new classification titled ERP- UASI Regional SAP at Salary Grade 9, non-exempt and one ( I ) new classification titled ERP- Regional SAP at Salary Grade 8, non-exempt be created. BE IT FURTHER RESOLVED that one (1) full-time eligible Special Revenue ERF' — UASI Regional SAP and one (1) full-time eligible Special Revenue ERP- Regional SAP be created in County Executive/Emergency Response and Preparedness (ERP). BE IT FURTHER RESOLVED that one (1) Special Revenue Business Analyst (1010115-10296) position be continued under this grant and be laterally reclassified to the newly requested ERP-Regional SAP classification. BE IT FURTHER RESOLVED that one (1) Special Revenue full-time non-eligible (2000 hr/year) Buyer II position be created in the Management and Budget/Purchasing Division. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the Grant Agreement and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original Agreement as approved. BE IT FURTHER RESOLVED that all positions and other program costs associated with this grant are contingent upon continuation of grant funding. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE 2 Region 2 Homeland Security Planning Board RE: 2006 Homeland Security Grant Program Fiduciary WHEREAS, the United States Department of Homeland Security, Office of Domestic Preparedness and the State of Michigan entered into the 2006 Homeland Security Grant Program Agreement ("Federal Grant"); WHEREAS, the Federal Grant requires that the State pass through eighty (80) percent of the Federal Grant funds to local governmental entities; WHEREAS, the Michigan Homeland Protection Board (created via Executive Order No. 2003-06) created Regional Homeland Security Planning Boards throughout the State; WHEREAS, the Michigan Homeland Protection Board has charged the Regional Homeland Security Planning Boards to identify and prioritize how the Federal Grant funds will be used and to allocate the Federal Grant funds to the Political Subdivisions; WHEREAS, the Regional Homeland Security Planning Board for Region 2 ("Region 2 Planning Board") is comprised of the area of the City of Detroit, and Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties ("Political Subdivisions"); WHEREAS, the Region 2 Planning Board is not a legal entity that can be a subgrantee for the Federal Grant or that can manage and distribute the Federal Grant funds; and WHEREAS, the Region 2 Planning Board desires that Oakland County, Michigan, be the subgrantee for the Federal Grant and act as the Fiduciary for the 2006 Homeland Security Grant Program. NOW THEREFORE BE IT RESOLVED that the Region 2 Planning Board has elected and appointed Oakland County ("Fiduciary") to act as the Fiduciary for the 2006 Homeland Security Grant Program and Oakland County accepts the position of Fiduciary. As Fiduciary, Oakland County shall be the subgrantee with the State of Michigan for the 2006 Homeland Security Grant Program for Region 2. BE IT FURTHER RESOLVED, that the Fiduciary shall accept the 2006 Homeland Security Grant Program funding for Region 2 and shall perform the following: (I) Comply with all the requirements set forth in the Grant Program Agreement between the Fiduciary and the State of Michigan, a copy of which is attached to this Resolution; (2) Purchase equipment, as directed by the Region 2 Planning Board, with Grant Program funds in accordance with the Fiduciary's purchasing policies and procedures; (3) Reimburse or purchase services for the Political Subdivisions with Grant Program funds, as directed by the Region 2 Planning Board; (4) Reimburse the Political Subdivisions, as directed by the Region 2 Planning Board, with Grant Program funds for salaries and overtime of Political Subdivision employees and/or agents; (5) Transfer ownership and legal title to equipment purchased with Grant Program funds to Political Subdivisions designated by the Region 2 Planning Board; such transfer shall be accomplished pursuant to the attached 2006 Homeland Security Grant Program Interlocal Funding Agreement and the Transfer of Ownership Agreement ("Agreements") which shall be entered into between the Fiduciary and each Political Subdivision; and (6) Provide copies of the executed Agreements to the Region 2 Planning Board Secretary. BE IT FURTHER RESOLVED, that the Political Subdivisions shall perform the following: (1) Execute the attached 2006 Homeland Security Grant Program Interlocal Funding Agreement; (2) Upon receipt of equipment, properly execute the attached Transfer of Ownership Agreement for each piece of equipment; and \ BE IT FURTHER RESOLVED, that the Oakland County Board of Commissioners approves this Resolution and rects its Chairperson to sign this Resolution. renlia Ice, Co-Chairperson Regiotri 2 Planning Board Date mes Buford, Co-Chairp rson Region 2 Planning Board ,//- Date (3) Prior to reimbursement for the purchase of services or for salaries or overtime, properly execute the applicable Request for Reimbursement Forms which are attached to this Resolution. BE IT FURTHER RESOLVED, that the Region 2 Planning Board shall perform the following; (1) Undertake studies and make recommendations on matters of emergency management and homeland security to Political Subdivisions in Region 2; (2) Prepare and present to the State Homeland Security Advisory Council findings of activities and initiatives undertaken in Region 2; (3) Hold public meetings; (4) Perform such other acts or functions as it may deem necessary or appropriate to fulfill the duties and obligations imposed by Federal and State homeland security program requirements; (5) Establish subcommittees to carry out its work; (6) Advocate for, monitor, and actively engage in the implementation of the Regional Homeland Security Strategy; and (7) Determine what type of equipment or services will be purchased with the Grant Program funds, determine what equipment or services each Political Subdivision will receive, determine salary amounts and overtime amounts that each Political Subdivision shall receive, and convey this information to the Fiduciary immediately after such determinations are made. BE IT FURTHER RESOLVED, that Political Subdivisions will not obtain title to the equipment and will not be permitted to use the equipment until the Fiduciary receives the properly executed Agreements. BE IT FURTHER RESOLVED, that the Political Subdivision shall not receive reimbursement for the purchase of services or for salaries or overtime, until the Fiduciary receives the properly executed Request for Reimbursement Forms. BE IT FURTHER RESOLVED, that the Fiduciary shall receive up to one (1) percent of the 2006 Homeland Security Grant Program funds for grant management and administration. BE IT FURTHER RESOLVED, that the Region 2 Planning Board approves this Resolution and the 2006 Homeland Security Grant Program Interlocal Funding Agreement and directs the Chairpersons to sign this Resolution and the State of Michigan 2006 Homeland Security Grant Program Grant Agreement. Bill Bullard, Jr., Chairperson Date Oakland County Board of Commissioners 2 \ -2„ Page 1 of 2 Gail Novak From: Greg Givens [givensg@oakgov.corn] Sent: Monday, November 27, 2006 3:38 PM To: 'Doyle, Larry'; 'Gail Novak'; 'LaVerne Smith' Cc: 'Jody Hall'; 'Julie Secontine'; 'Bob Daddow'; 'Worthington, Pam'; 'Candace Frederick'; Greg Givens; 'Hanger, Helen'; 'Johnston, Brenthy'; 'Mitchell, Sheryl'; 'Pardee, Mary'; 'Wenzel, Nancy' Subject: GRANT REVIEW SIGN OFF - Emergency Response and Preparedness / HSGP GRANT REVIEW SIGN OFF — Emergency Response and Preparedness GRANT NAME: 2006 State of Michigan Homeland Security Grant Program (HSGP) FUNDING AGENCY: Michigan Department of State Police, Emergency Management and Homeland Security Division DEPARTMENT CONTACT PERSON: Gail Novak / 8-5080 STATUS: Acceptance DATE: November 27, 2006 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal grant review. Below are the returned review comments. The captioned grant materials and grant acceptance package (which should include the Board of Commissioners' Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sign Off email containing grant review comments) may be requested to be placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Please note the comments from both Risk Management and Corporation Counsel. Department of Management and Budget: Approved. — Laurie Van Pelt (11/16/2006) Department of Human Resources: Approved. — Nancy Scarlet (11/27/2006) Risk Management and Safety: Approved by Risk Management with the following reservations, but will respectfully defer to Corporation Counsel on these matters: 1) The resolution to be signed by Commissioner Bullard states in paragraph 12: "BE IT FURTHER RESOLVED, that Political subdivisions will not obtain title to the equipment and will not be permitted to use the equipment until the Fiduciary receives the properly executed Agreements." I would recommend adding the words "take possession" into this clause so it becomes clear that the equipment will not be turned over to the political subdivisions until the agreements are executed. In the event that one of the Political Subdivisions fails to sign the agreement, it should be made clear that they are not entitled to possession or delivery. In the event that equipment is purchased without the requisite Agreements, Risk Management should be notified so that we can make a proper determination on insurance needs. 11/27/2006 Page 2 of 2 In addition, the funding Agreement provides in Section 5.3, that the LJASI Planning Board shall hold public meetings, subject to the Michigan Open Meetings Act. Further, the resolution to be signed by Commissioner Bullard states in paragraph 11(3) that the UASI Planning Board shall "Hold Public Meetings". It is my understanding that to date, the UASI Planning Board has failed to comply with the Open Meetings Act. The violations may include, but are not limited to, 1) MCL 15.263(5) - public comment provision; 2) 15.264 - public notice; 3) MCL 15.265 - public notice; MCL 15.269 - minutes provision. Risk Management again will defer to Corporation Counsel on these matters and how they may legally impact the County as the Fiduciary. – Julie Secontine (11/27/2006) Response: We have created an assignment for the Open Meetings Act question and I will be looking into it. Could you please forward any specific information that you might have or put me in touch with people that might have further information. This issue, however (in my opinion), should not impact the grant review process. Also, regarding the Region 2 Planning Board Resolution, as you pointed out one of the "Resolved" paragraphs states that "Political subdivisions will not obtain title to the equipment and will not be permitted to use the equipment until the Fiduciary receives the properly executed Agreements." However, the Interlocal Agreement (attached and approved by the resolution) states that upon receipt of the equipment that the Political Subdivision must execute the Transfer of Ownership Agreement which is attached as Exhibit C to the Interlocal Agreement. I believe this addresses your issue, because as soon as the political subdivision receives the equipment they must sign the Transfer of Ownership Agreement—if not they will be in breach of the Interlocal Agreement and thus would not be entitled to title, use, or possession of the equipment. Let me know if you have any other questions. In summary, there are no legal issues that must be resolved before the grant and interlocal agreement are executed. – Jody Hall, Corporation Counsel Staff (11/27/2006) Corporation Counsel: After reviewing the above-referenced Grant Agreement, there are no issues that must be resolved before the Grant agreement is executed. – Jody Hall (11/21/2006) COMPLIANCE The grant agreement references a number of specific federal and state regulations. Below is a list of these specifically cited compliance related documents for this grant. • Please reefer to Grant Agreement section "III Statutory Authority," page 2 of 9. • Michigan Department of Consumer and Industry Services / Michigan State Contracts with Certain Employers Prohibited "Act 278 of 1980" [Enter Act Number and Year] http://www.legislature.mi.gov/(S thrixfi hrdwinbnmu /in ileg.aspx?page=MCLPA Search • Michigan Elliott-Larsen Civil Rights Act – "Act 453 of 1976" [Enter Act Number and Year] bttp://www.legislature.m i.gov/(S(tlinxfivhrdwuir55pkunbnmu))/m ileg.aspx?page=MCLPASearch • Michigan Persons with Disabilities Civil Rights Act "Act 220 of 1976" [Enter Act Number and Year] http://www.legislature.m govA(tlinxfiyhrdwuir55pkunbnm u))/ni i leg.aspx?page–MCLPA Search 11/27/2006 $14,904,000 120,000 1,272,980 187,500 83,640 1,989,273 2006 STATE HOMELAND SECURITY GRANT PROGRAM EXECUTIVE SUMMARY The purpose of this grant is to provide funding at the regional level for prevention, preparedness, and response personnel to prevent, deter, respond to and recover from threats and incidents of terrorism. The State of Michigan has established Regional Homeland Security Boards which will empower each region to effectively coordinate planning in each of the national four mission areas, prevention protection, response and recovery. Each board will serve as the focal point for managing the regions' pursuit of attaining the following capabilities, with an aim on achieving a more efficient use of funds and thereby increasing the jurisdictions within the regions' return on investment. This grant will provide regional funding for the required investment areas of: • Information Sharing and Collaboration • Interoperable Communications • Responder Safety • Responder Capability • Training • Critical Infrastructure • Organizational Structure The Region 2 Homeland Security Planning Board is comprised of St. Clair, Macomb, Wayne, Washtenaw, Monroe, Oakland counties and the city of Detroit (or otherwise called the UASI Board). The grant period is from July 1, 2006 to March 31, 2008. The Board has designated Oakland County to serve as fiduciary. As fiduciary, the county will be responsible to conduct regional planning, training, exercising activities, provide staff support to committees, purchase equipment, report and maintain documentation. Oakland County Board of Commissioners will: • Approve serving as Fiduciary • Approve and enter into an agreement with each county (St. Clair, Macomb, Wayne, Washtenaw, Monroe) and city (Detroit) for the purpose of delineating responsibilities between the County, political subdivisions and the Board regarding the grant (attachment). The total grant award breakdown is: Urban Areas Security Initiative (UASI) State Homeland Security Program (SHSP) for Regional Response Team Network (RRTN) Law Enforcement Terrorism Prevention Program (LETPP) LETPP Border Security LETPP Heightened State of Alert State Homeland Security Program (SHSP) Fiduciary Submitted: ERP Draft: 11/21/06 OAKLAND COUNTY MICHIGAN Class Title: ERP -UASI REGIONAL SAP Department: County Executive / Emergency Response and Preparedness Reports To: Emergency Management Coordinator GENERAL SUMMARY A. DESCRIPTION Under general supervision, is responsible for the administrative management of regional homeland security grant programs under Oakland County's appointment as fiduciary and subgrantee. Coordinates with Regional Homeland Security Board members to ensure completion of projects within budget and to the satisfaction of the end users. For matters related to Homeland Security Grants acts as liaison with other county departments and federal, state, regional and local governments. Maintains grant program budgets and oversees completion of necessary grant reporting. Ensures compliance with grant program guidelines. Utilizes current county-wide and/or department specific software to complete assignments SUPERVISION EXERCISED Functions as lead worker over lower level professional and clerical staff, students, summer employees, and interns by instructing, training and distribution of work TYPICAL DUTIES AND RESPONSIBILITIES Oversees fiduciary responsibility for regional Homeland Security grants. Maintains records and prepares mandatory reports related to the grant fiduciary responsibilities. Provides reports as requested by the Regional Homeland Security Planning Board. Oversees reimbursement of grant expenses to eligible jurisdictions. Coordinates, plans, develops and conducts meetings and presentations with/for federal, state, regional and local officials. Assists in planning and coordinates regional homeland security initiatives with regional, county and local executives and personnel. Attend federal, regional and state conferences and meetings as required. Ensures compliance of strategic Homeland Security grant programs with established federal and state guidance. Prepares and monitors budget for all Homeland Security Grant Programs managed by Oakland County. Acts a liaison with county departments involved in the grant process (Fiscal Services, Purchasing, Corporation Counsel). IMPORTANT NOTE: The primary purpose of this job description is to set a fair and equitable salary range for this job classification. Generally, only those key duties necessary for proper job evaluation and/or labor market analysis have been included. Other duties and responsibilities will be assigned by the supervisor. Draft: 11/21/06 OAKLAND COUNTY MICHIGAN Class Title: ERP- UASI REGIONAL SAP Department: County Executive / Emergency Response and Preparedness Reports To: Emergency Management Coordinator B. QUALIFICATIONS EXPERIENCE. TRAINING. KNOWLEDGES, SKILLS & ABILITIES A. Required Minimum Qualifications 1. Possess a Bachelor's degree from an accredited college or university with a major in Business Administration, Public Administration, or related field; AND 2. Have had at least two (2) years of full-time work experience in planning and implementation of emergency management and disaster control programs. 3. Possess a valid driver's or chauffeur's license. 4. Pass the complete examination, including the employment medical, established for this class. 5. Successfully complete the six month probationary period. Additional Desirable Qualifications 1. Considerable knowledge of principles and practices of civil defense from natural disaster and/or enemy attack. 2. Considerable knowledge of training, public relations, fiscal and personnel principles as applied to emergency management services. 3. Considerable knowledge of community organizations and sources of solution area planning data. 4. Considerable knowledge of community, homeland security, and emergency management planning techniques. 5. Considerable knowledge of techniques involved in the collection, organization, analysis and presentation of physical, social, economic, fiscal, and other data used in community and regional planning. 6. Reasonable ability to exercise good judgment and initiative in analyzing problems and recommending solutions. 7. Reasonable ability to make and carry out administrative directives in accordance with divisional policies and procedures. 8. Reasonable ability to utilize current word processing, spreadsheet, database, e-mail and Internet software. Class Title: ERP — UASI Regional SAP Page B2 9. Reasonable ability to effectively participate in homeland security and emergency planning meetings with state, local, and other public and private officials. 10. Reasonable ability to use tact and similar qualities necessary in meeting and communicating effectively with others. SPECIAL REQUIREMENTS Must maintain a valid motor vehicle operator's or chauffeur's license. Draft: 11/21/06 OAKLAND COUNTY MICHIGAN Class Title: ERP — REGIONAL SAP Department: County Executive / Emergency Response and Preparedness Reports To: ERP UASI Regional SAP A. DESCRIPTION GENERAL SUMMARY Under limited supervision serves as Oakland County's Solution Area Planner for Homeland Security efforts. Supports these efforts through planning, evaluation, and analysis of program elements in the solution areas of equipment acquisition, training, exercising, and planning for the County's Homeland Security Strategy. Researches and provides data through the systematic planning, evaluation, and analysis of projects in bio- terrorism, weapons of mass destruction and CBRNE (Chemical, Biological, Radiological, Nuclear and Explosive) elements. Utilizes current county-wide and/or department specific software to complete assignments SUPERVISION EXERCISED None. TYPICAL DUTIES AND RESPONSIBILITIES Assists with the development of procedures for the planning, evaluation, and analysis of solution area recommendations pertaining to utilization of regional resources and related issues. By using software applications (creates/develops) maintains and updates mission critical data effectively addressing solution area concerns for Homeland Security. Integrates data into an all-hazards approach. Compiles and analyzes information in support of planning, analysis and evaluation of homeland security projects in such areas as planning, equipment, training, exercising, and organization. Creates and maintains emergency planning documents (emergency management plan, support plans, standard operating procedures (SOP's), etc. Maintains records and prepares reports and correspondence related to regional Homeland Security efforts, grants and general Emergency Response and Preparedness activities. Assists with, attends and participates in public meetings with elected officials and emergency response officials to analyze and/or explain implications of solution area programs and proposals. Coordinates, plans, conducts and/or attends meetings and conferences to discuss operations, proposals, and techniques for the resolution of problems. Presents coordinated programs to fulfill federal and state grant requirements. Class Title: ERP —Regional SAP Page A2 Utilizes local Homeland Security Assessment and Strategy results and the Statewide Homeland Security Strategy to substantiate recommendations for solution area initiatives. Acts as liaison with state, regional, county and local personnel regarding programs related to the Homeland Security Strategy. Coordinates and participates in Grant Allocation Conunittee meetings. Assists communities in developing emergency operations plans. IMPORTANT NOTE: The primary purpose of this job description is to set a fair and equitable salary range for this job classification. Generally, only those key duties necessary for proper job evaluation and/or labor market analysis have been included. Other duties and responsibilities will be assigned by the supervisor. Draft: 11/21/06 OAKLAND COUNTY MICHIGAN Class Title: ERP —REGIONAL SAP Department: County Executive / Emergency Response and Preparedness Reports To: ERP-UASI Regional SAP B. QUALIFICATIONS EXPERIENCE, TRAINING, KNOWLEDGES, SKILLS & ABILITIES A. Required Minimum Qualifications 1. Posses a Bachelor's degree from an accredited college or university with a major in Business Administration, Public Administration or related field; AND 2. Have had at least two (2) years of full-time work as a first responder in one or more of the following disciplines: Fire, Public Safety, Emergency Management Services or Police. NOTE: Six years of experience as listed in #2 above may substitutes for #1 and #2 above. 3. Possess a valid driver's or chauffeur's license. 4. Pass the complete examination, including the employment medical, established for this class. 5. Successfully complete the six month probationary period. Additional Desirable Qualifications 1. Considerable knowledge of principles and practices of civil defense from natural disaster and/or enemy attack, 2. Considerable knowledge of training, public relations, fiscal and personnel principles as applied to emergency management services. 3. Considerable knowledge of community organizations and sources of solution area planning data. 4. Considerable knowledge of community, homeland security, and emergency management planning techniques. 5. Considerable knowledge of techniques involved in the collection, organization, analysis and presentation of physical, social, economic, fiscal, and other data used in community and regional planning. 6. Reasonable ability to exercise good judgment and initiative in analyzing problems and recommending solutions. Class Title: ERP -Regional SAP Page B2 7. Reasonable ability to make and carry out administrative directives in accordance with divisional policies and procedures. 8. Reasonable ability to utilize current word processing, spreadsheet, database, e-mail and Internet software. 9. Reasonable ability to effectively participate in homeland security and emergency planning meetings with state, local, and other public and private officials. 10. Reasonable ability to use tact and similar qualities necessary in meeting and communicating effectively with others. SPECIAL REQUIREMENTS Must maintain a valid motor vehicle operator's or chauffeur's license. State of Michigan 2006 Homeland Security Grant Program Grant Agreement July 1, 2006 to March 31, 2008 CFDA Number: 97.067 This Homeland Security Grant Program (HSGP) Grant Agreement is hereby entered into between the Michigan Department of State Police, Emergency Management and Homeland Security Division (hereinafter called the Sob- grantor), and Oakland County (hereinafter called the Sub-grantee) I. Purpose The purpose of this Grant Agreement is to provide federal pass-through funds to the Homeland Security Region 2 Board through the Sub-grantee (which has been voted and approved to act as the fiduciary agent for the board for the 2006 HSGP) for preventing, deterring, responding to, and recovering from Incidents of National Significance, including threats and incidents of terrorism. This will be accomplished by planning homeland security and emergency operations and by purchasing specialized equipment to enhance the capability of State and local agencies to prevent, respond to, and mitigate Incidents of National Significance, including incidents of terrorism involving chemical, biological, radiological, nuclear, and explosive (CBRNE) weapons and cyber attacks. This will also be accomplished through training and exercising related to the design development, and conduct of State CBRNE and cyber security-related programs. The funding under this grant agreement will be allocated to the Sub- grantee in three separate programs: the State Homeland Security Program (SHSP) the Law Enforcement Terrorism Prevention Program (LETPP) ana the Urban Areas Security Initiative (UASI). II. Objectives The principal objective of this Grant Agreement is to provide financial assistance to the Homeland Security Region 2 Board for allowable costs in the following program areas: State Homeland Security Program (SHSP) • Planning a Equipment • Training a Exercise a Management and Administrative (M&A) Law Enforcement Terrorism Prevention Program (LETPP): • Planning • Organization • Equipment • Training • Exercise • Management and Administrative (M&A) Urban Area Security Initiative (UASI) • Planning • Organization • Equipment • Training • Exercise • Management and Administrative (MU) A 2006 HSGP Grant Agreement Oakland County Page 2 of 9 For guidance on allowable costs for these program areas, please refer to the FY 2006 HSGP Guidance, located at http://www.ojp.usdoj.goviodpidocsify2006hsgp.pdf . III. Statutory Authority Funding for the 2006 HSGP is authorized by the Department of Homeland Security Appropriations Act of 2006. The Sub-grantee agrees to comply with all program requirements in accordance with the HSGP, Office of Management and Budget Circulars A-87, A-102, and A-133 as revised, located at http://www.whitehouse.00v/omb/circulars/index.html, 28 CFR Part 66 and 28 CFR Part 70, located at http://www.access.gpo.gov/nara/cfriwaisidx_04/28cfrv2_04.html, the U.S. General Accounting Office Government Auditing Standards, located at http://www.gao.gov/govaucitybk01.htm, the OJP Financial Guide 2005, located at http://www.ojp.usdoj.gov/FinGuide, the Administrative Guide to State Government, located at http://www.michigan.gov/dmb/0,1607,7-150-9131_9347---,00.html, the State of Michigan Financial Management Guide (FMG), located at http://www.michigan.gov/budget/0,1607,7-157-13404_27707-99757--.00.html, and all applicable federal and state laws and regulations. IV. Homeland Security Grant Program Award Amount and Restrictions The SHSP award for Oakland County, as the Fiduciary Agent for Region 2. is 51,989,273. Reimbursement is based on completion of requirements listed in Sections IV, VI and VIII of this grant agreement. The SHSP award for Oakland County, as the Fiduciary Agent for Region 2, for the Regional Response Team Network (RRTN), is $120,000. Reimbursement is based on completion of requirements listed in Sections IV, VI and VIII of this grant agreement. RRTN funds must be used to support Regional Response Teams in Region 2 and approved by the RRTN program management committee and within the guidelines of the existing Memorandum of Understanding with the State of Michigan. The LETPP award for Oakland County, as the Fiduciary Agent for Region 2, is $1,272,980. Reimbursement is based on completion of requirements listed in Sections IV, VI and VIII of this grant agreement. The LETPP award for Oakland County, as the Fiduciary Agent for Region 2, for Boarder Security, is $187,500. Reimbursement is based on completion of requirements listed in Sections IV. VI and VIII of this grant agreement. Border Security funds must be spent on projects to enhance border security and approved by the Sub-grantor prior to the start of the project. The LETPP award for Oakland County, as the Fiduciary Agent for Region 2, for Heightened State of Alert, is $83,640. This amount is for use during a Code Orange or higher alert status in Region 2. This amount is subject to change. It may be increased, decreased or withdrawn by the Sub-grantor at its discretion based on alert status during the performance period of this grant. Reimbursement is based on completion of requirements listed in Sections IV, VI and VIII of this grant agreement. The UASI award for Oakland County. as the Fiduciary agent for Region 2. is $14,904,000. Funds awarded by the UASI program must benefit the defined Urban Area in Michigan. Funds awarded by the UASI program must directly support jurisdictions within the defined Urban Area in Michigan. Reimbursement is based on completion of requirements listed in Sections IV, VI and VIII of this grant agreement. This Grant Agreement designates HSGP funds for reimbursement of authorized costs. Grant Agreement funds shall not be used for other purposes. The funds awarded in the Grant Agreement shall only be used to cover allowable costs that are incurred during the Grant Agreement period. Allocations for the FY06 HSGP have been determined on a regional basis in accordance with current Department of Homeland Security Grants and Training (DHS G & T) guidance. Regional Boards have been created to ensure that all jurisdictions within a designated region have an equal say in how funds are spent. Final determination on how funds awarded by this grant agreement will be spent will be decided by the Homeland Security Region 2 Board, not the Sub-grantee. Page 2 of 9 2 2006 HSGP Grant Agreement Oakland County Page 3 of 9 The funds must supplement, not supplant, state or local funds. Federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. Potential supplanting will be carefully reviewed in the application review, in subsequent monitoring, and in the audit. The Sub-grantee may be required to supply documentation certifying that they did not reduce non-federal funds because of receiving federal funds. Federal funds cannot be used to replace a reduction in non-federal funds or solve budget shortfalls in general fund programs. V. Fiduciary Agent Designation The Sub-grantee agrees to act as the designated Fiduciary Agent for the Homeland Security Region 2 Board. As the designated Fiduciary Agent of Region 2, the Sub-grantee agrees to follow all responsibilities in Section VI of this grant agreement. If the Sub-grantee becomes unable to fulfill the responsibilities of Section VI, refer to section XII for instructions on how to terminate this agreement. VI. Responsibilities of the Sub-grantee The Sub-grantee agrees to comply with all applicable federal and state regulations, including the following: A. In addition to this 2006 HSGP Grant Agreement, Sub-grantees shall complete, sign, and submit to Sub-grantor the following documents, which are incorporated by reference into this Grant Agreement: 1) Assurances (0JP Form 4000/3) 2) Certifications Regarding Lobbying; Disclosure of Lobbying Activities; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirement (OJP Form 406116) 4) Audit Certification Form 5) W-9 Tax Identification Form B. The 2006 Homeland Security Grant covers eligible costs from July 1, 2006 until March 31, 2008. Please refer to the Fiscal Year 2006 Homeland Security Grant Program Guidance, located at http://www.oip.usdoj.qoviodpidocsify2006hsqp.pdf for a detailed list of what costs are eligible under this grant. C. Submit project applications to the Sub-grantor. which have been prepared and approved by the Homeland Security Regional Board, for evaluation and approval of projects prior to starting a project. All projects must meet DHS G & T grant guidelines and must be related to one of the 10 approved state investments. I D. In addition to project applications, submit Eligibility Confirmation forms for all equipment purchases that are part of approved projects prior to the purchase of the equipment. The Sub-grantee will be I held responsible for equipment purchased without submission of Eligibility Confirmation forms that is determined to be ineligible by the Sub-grantor or DHS G & T. Create and maintain an inventory of all FY06 HSGP equipment purchases that lists, at minimum, the piece of equipment, the cost of the equipment, what agency the equipment is assigned to and the physical location of the equipment for the grant period and at least three years after the grant is closed. F. Make FY06 HSGP equipment available for pick-up by other government agencies per equipment assignments by the Homeland Security Region 2 Board. This process needs to include legal transfer of the equipment to the designated government agencies. At minimum, the Sub-grantee should prepare documents, which by signing, other designated government agencies accept full legal and financial responsibility for pieces of equipment. G. At the end of the Fiscal Year (of each government agency that has received the benefit of federal funds), report the dollar amount expended on behalf of another government agency to that Page 3 of 9 2006 HSGP Grant Agreement Oakland County Page 4 of 9 government agency so that government agency can report that dollar amount on their Schedule of Expenditures of Federal Awards . H. Submit the Reimbursement Cover Sheet (EMD-054) and all required attached documentation to the Sub-grantor as needed or at a minimum, at the end of each quarter. The Sub-grantee must submit the quarterly reimbursement request even if it has no expenditures for that quarter. The due dates for quarterly reimbursement requests are listed in Section VIII of this agreement. Reimbursement Cover Sheets must be filled out completely or they will be returned to the Sub- grantee for proper completion. The Reimbursement Cover Sheet (EMD-054) and other reimbursement forms can be found on the EMD website at http://www.michigan.gov/msp/0,1607,7- 123-1593_3507-113992--,00.html Please note: One Reimbursement Cover Sheet and related forms must be completed for each exercise. Submit quarterly progress reports to the Sub-grantor on the status of all board approved projects. Quarterly progress reports, at minimum, need to contain a description of the project, the actions taken that quarter to complete the project, a percentage estimate of the completeness of the project and an expected completion date of the project. The due dates for quarterly work reports are listed in Section VIII of this agreement. The Sub-grantor will provide the Sub-grantee with a form to complete this report within 60 days of issuing the grant agreement. J. Submit updated project and allocation information on a regular basis through the Biannual Strategy Implementation Reports (BSIR). The BSIR is due within 20 days after the end of the reporting period. The due dates for the BSIR are on January 20, 2007, July 20, 2007, January 20, 2008 and July 20, 2008. The reporting periods are from January 1 through June 30 and July 1 through December 31. The final BSIR is due 90 days after the end date of the 2006 Homeland Security Grant award period. K. Comply with FY05 NIMS implementation requirements by September 30, 2006. Comply with FY06 NIMS implementation requirements and move towards completion by September 30, 2006. FY06 NIMS requirements must be fully complied with by September 30. 2007. NIMS information is available at http://www.ferna.govinims . L. Comply with applicable financial and administrative requirements set forth in the current edition of "U.S. Department of Justice Financial Guide," including the following provisions: 1. Account for receipts and expenditures, maintain adequate financial records, and refund expenditures disallowed by federal or state audit. 2. Retain all financial records, supporting documents, statistical records, and all other records pertinent to the 2006 HSGP for at least three years after the financial close-out date of this grant program, for purposes of federal and/or state examination and audit. 3. Perform the required financial and compliance audits in accordance with the Single Audit Act of 1984, as amended, and OMB Circular A-133, "Audits of States, Local Governments. and Non-Profit Organizations,' as further described in OJP's "Financial Guide," Chapter 19. Random audits shall be performed to ensure compliance with applicable provisions. 4. Sub-grantor and Sub-grantee FY06 HSGP information constitutes records subject to the Michigan Freedom of Information Act (FOIA), MCL 15.231 et seq. However, section 13(1)(u) and (y), MCL 15.243(1)(u) and (y) of the FOIA, permit the exemption from public disclosure of the records of a public body's "security measures, including security plans, security codes and combinations, passwords. passes, keys, and security procedures, to the extent that the records relate to the ongoing security of the public body:" and "of measures designed to protect the security or safety of persons or property, whether public or private, including, but not limited to, building, public works, and public water supply designs to the extent that those designs relate to the ongoing security measures of a public body, capabilities and plans for responding to a violation of the Michigan anti-terrorism act,... emergency response plans, risk planning documents, threat assessments, and Page 4 of 9 2006 HSGP Grant Agreement Oakland County Page 5 of 9 domestic preparedness strategies, unless disclosure would not impair a public body's ability to protect the security or safety of persons or property or unless the public interest in disclosure outweighs the public interest in nondisclosure in the particular instance." Much of the information submitted in the course of applying for funding under this program, or provided in the course of grant management activities, may be considered law enforcement-sensitive or otherwise critical to national security interests. This may include threat, risk, and needs assessment information; and discussions of demographics, transportation, public works, and industrial and public health infrastructures. Therefore, each sub-grantee agency Freedom of Information Officer will need to determine what information is to be withheld on a case-by-case basis. Note: The Sub-grantee will only be held responsible for expenditures disallowed by federal or state audit that are determined to be caused by the negligence of the Sub-grantee or by the Sub-grantee not complying with the responsibilities of section VI VII. Responsibilities of Sub-grantor The Sub-grantor, in accordance with the general purposes and objectives of this Grant Agreement. will: A. Administer the 2006 HSGP in accordance with all applicable federal and state regulations and guidelines. B. Provide direction and technical assistance to the Sub-grantee. C. Provide any special report forms and reporting formats (templates) required by the Sub-grantor for operation of the program. D. Reimburse the Sub-grantee in accordance with this Grant Agreement based on appropriate documentation submitted by tne Sub-grantee. E. Independently or in conjunction with the Department of Homeland Security, conduct random on-site reviews with Sub-grantee(s). F. Sub-grantor and Sub-grantee FY06 HSGP information constitutes records subject to the Michigan Freedom of Information Act (FOIA), MCL 15.231 et seq. However, section 13(1)(u) and (y), MCL 15.243(1)(u) and (y) of the FOIA, permit the exemption from public disclosure of the records of a public body's "security measures, including security plans, security codes and combinations, passwords, passes, keys, and security procedures, to the extent that the records relate to the ongoing security of the public body," and "of measures designed to protect the security or safety of persons or property, whether public or private, including, but not limited to, building, public works, and public water supply designs to the extent that those designs relate to the ongoing security measures of a public body, capabilities and plans for responding to a violation of the Michigan anti- terrorism act,.. emergency response plans, risk planning documents, threat assessments, and domestic preparedness strategies, unless disclosure would not impair a public body's ability to protect the security or safety of persons or property or unless the public interest in disclosure outweighs the public interest in nondisclosure in the particular instance." Much of the information submitted in the course of applying for funding under this program, or provided in the course of grant management activities, may be considered law enforcement- sensitive or otherwise critical to national security interests. This may include threat, risk, and needs assessment information; and discussions of demographics, transportation, public works, and industrial and public health infrastructures. Therefore, each sub-grantee agency Freedom of Information Officer will need to determine what information is to be withheld on a case-by-case basis. Page 5 of 9 2006 HSGP Grant Agreement Oakland County Page 6 of 9 VIII. Payment and Reporting Procedures The Sub-grantee agrees to prepare the Reimbursement Cover Sheet (EMD-054) and all required attached documentation, including all required authorized signatures, and submit it as needed or at a minimum at the end of each quarter if there are eligible expenses to be reimbursed, see below quarterly report schedule for due dates. Please note: One Reimbursement Cover Sheet and related forms must be completed for each exercise. Please refer to the Reimbursement Requirements in order to meet the documentation requirements. Drawdown of Funds in Advance: Sub-grantees may request funds up to 120 days prior to expenditure. All of the following requirements must be met to obtain advanced funds: 1) The Sub-grantee must complete a letter stating the reason they are requesting an advance; 2) The Sub-grantee must submit a copy of an approved purchase order showing the delivery date for the items ordered to be within 120 days of the purchase order date; 3) These funds must be placed in an interest-bearing account. The Sub-grantee may keep interest up to $100 per year for administrative expenses for all Federal Grants combined. Funds cannot be advanced for more than 120 days_ If the Sub-grantee is notified by the vendor of delays in the delivery date of equipment, funds must be returned to the Sub-grantor. Advances cannot be outstanding for more than 120 days; 4) Any interest earned over $100 must promptly, but at least quarterly, be remitted to: United States Department of Heath and Human Services, Division of Payment Management Services, P.O. Box 6021, Rockville, MD 20852. The Sub-grantee must also notify the Sub-grantor in writing of any interest earned over $100 quarterly. THE QUARTERS ARE AS FOLLOWS: 1 st Quarter: July 1, 2008 to September 30, 2006 2nd Quarter: October 1, 2006 to December 31, 2006 3rd Quarter: January 1, 2007 to March 31, 2007 4th Quarter: April 1, 2007 to June 30, 2007 5th Quarter: July 1, 2007 to September 30, 2007 6th Quarter: October 1, 2006 to December 31, 2007 7th Quarter: January 1, 2008 to March 31, 2008 DEADLINES TO SUBMIT QUARTERLY REQUESTS FOR REIMBURSEMENT AND WORK REPORTS ARE AS FOLLOWS: 1 st/Quarter: September 15, 2006 2nd Quarter: January 31, 2007 3 rd Quarter: April 30, 2007 4th Quarter: July 31, 2007 5th Quarter: September 15, 2007 6th Quarter: January 31, 2008 7TH Quarter: April 30, 2008 Reimbursement requests and work reports should be mailed to the Michigan State Police, Emergency Management Division, 4000 Collins Road, Lansing MI 48910, unless the Sub-grantee is otherwise notified by the Sub-grantor. Please refer to the Reimbursement Requirements in order to meet the documentation requirements. 1.1n1nnn SUB-GRANTEE WILL NOT BE REIMBURSED FOR FUNDS UNTIL ALL REQUIRED SIGNED DOCUMENTS AND REIMBURSEMENT DOCUMENTS ARE RECEIVED. Page 6 of 9 (r1 2006 HSGP Grant Agreement Oakland County Page 7 of 9 ix. Memorandum of Understanding Procedure The Sub-grantee may enter into Memorandums of Understanding (MOU) with the Sub-grantor for the Sub-grantor to pay other local jurisdictions within Homeland Security Region 2 directly in accordance with current OHS G & T guidance. An MOU must be initiated by the Sub-grantee. The Sub-grantee must submit an MOU every time it would like another jurisdiction to receive direct reimbursement from the Sub-grantor. Each MOU must be signed by the authorized representative for the Sub-grantee and Sub-grantor and agreed to prior to a payment being made to a jurisdiction other than the Sub-grantee. x. Employment Matters Sub-grantee shall comply with Title VI of the Civil Rights Act of 1964, as amended, the Elliott-Larsen Civil Rights Act, 1976 PA 453, as amended, MCL 37.2101 et seq., the Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended, MCL 37.1101 et seq., and all other federal, state and local fair employment practices and equal opportunity laws and covenants that it shall not discriminate against any employee or applicant for employment, to be employed in the performance of this Grant Agreement, with respect to his or her hire, tenure, terms, conditions, or privileges of employment; or any matter directly or indirectly related to employment because of his or her race, religion, color, national origin, age, sex, height, weight, marital status, limited English proficiency, or handicap that is unrelated to the individual's ability to perform the duties of a particular job or position. Sub-grantee agrees to include in every subcontract entered into for the performance of this Grant Agreement this covenant not to discriminate in employment. A breach of this covenant is a material breach of the Grant Agreement. The Sub-grantee shall ensure that no subcontractor, manufacturer, or supplier of Sub-grantee on this Project appears in the register compiled by the Michigan Department of Labor and Economic Growth, Bureau of Commercial Services, Licensing and Enforcement Divisions, pursuant to 1980 PA 278, as amended, MCL 423.321 et seg. (State Contractors with Certain Employers Prohibited Act). If the name of one of the above appears on this listing, you may not use them for the grant. xi. Limitation of Liability Sub-grantor and Sub-grantee to this Grant Agreement agree that each must seek its own legal representative and bear its own costs, including judgments, in any litigation that may arise from performance of this contract. It is specifically understood and agreed that neither party will indemnify the other party in such litigation. This is not to be construed as a waiver of governmental immunity. XII. Third Parties This Grant Agreement is not intended to make any person or entity, not a party to this Grant Agreement, a third party beneficiary hereof or to confer on a thrd party any rights or obligations enforceable in their favor. mil. Grant Agreement Period This Grant Agreement is in full force and effect from July 1, 2006 through March 31, 2008. No costs eligible under this Grant Agreement shall be incurred before the starting date of this Grant Agreement except with prior written approval. This Grant Agreement consists of two identical sets simultaneously executed, each is considered an original having identical legal effect. This Grant Agreement may be terminated by either party by giving thirty (30) days written notice to the other party stating reasons for termination and the effective date, or upon the failure of either party to carry out the terms of the Grant Agreement. Upon any such termination, the Sub-grantee agrees to return to the Sub-grantor any funds not authorized for use, and Sub-grantee shall have no further obligation to make payments. Page 7 of 9 2006 HSGP Grant Agreement Oakland County Page 8 of 9 xlv. Entire Grant Agreement This Grant Agreement is governed by the laws of the State of Michigan and supersedes all prior agreements, documents, and representations between Sub-grantor and Sub-grantee, whether expressed, implied, or oral. This Grant Agreement constitutes the entire agreement between the parties and may not be amended except by written instrument executed by both parties prior to the termination date set forth in Paragraph XIII above. No party to this Grant Agreement may assign this Grant Agreement or any of his/her/its rights, interest, or obligations hereunder without the prior consent of the other party. Sub-grantee agrees to inform Sub-grantor in writing immediately of any proposed changes of dates, budget, or services indicated in this Grant Agreement, as well as changes of address or personnel affecting this Grant Agreement. Changes in dates, budget. or services are subject to prior written approval of Sub-grantor. If any provision of this Grant Agreement shall be deemed void or unenforceable, the remainder of the Grant Agreement shall remain valid. xv. Business Integrity Clause The Sub-grantor may immediately cancel the grant without further liability to the Sub-grantor or its employees if the Sub-grantee, an officer of the Sub-grantee, or an owner of a 25% or greater share of the Sub-grantee is convicted of a criminal offense incident to the application for or performance of a State, public, or private grant or subcontract; or convicted of a criminal offense including but not limited to any of the following: embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, attempting to influence a public employee to breach the ethical conduct standards for State of Michigan employees. convicted under State or Federal antitrust statutes; or convicted of any other criminal offense which, in the sole discretion of the Sub-grantor, reflects on the Sub-grantee's business integrity. Page 8 of 9 Capt._Eddie L. Washington Printed Name Deputy State Director of Homeland Security and Emergency Management Title • ." 2006 HSGP Grant Agreement Oakland County Page 9 of 9 xvi Official Certification For the Sub-grantee. The individual or officer signing this Grant Agreement certifies by his or her signature that he or she is authorized to sign this Grant Agreement on behalf of the jurisdiction he or she represents. Printed Name Title Name of Jurisdiction Signature Date For the Sub-grantor (Michigan State Police — Emergency Management and Homeland Security Division) Signature Date September 28, 2006 For the Regional Board: The Regional Board Chair's signature appears on this grant agreement as a certification that Regional Board 2 has chosen Oakland County to serve as the fiduciary agent for the 2006 HSGP for Region 2. This signature does not provide inclusion of the Regional Board Chair or the jurisdiction he or she represents as part of the agreement between the Sub-grantor and Sub-grantee. Regional Board Chair Printed Name Title Signature Date Page 9 of 9 (-)\ US Department of Homeland Security Grantor State of Michigan Grantee/Sub-Grantor 4 2006 Homeland Security Grant Program — Region 2 - Structure Region 2 Homeland Security Planning Board ("Region 2 Planning Board") Region 2 Planning Board Resolution: Designating Oakland County as Fiduciary for 2006 Homeland Grant Program for Region 2. 2. Setting forth relationship and responsibilities of Region 2 Planning Board, Fiduciary, and - Political Subdivisions. Oakland County Sub-Grantee/Fiduciary 2006 Homeland Security Grant Program Agreement Equipment Transfer of Ownership Agreement (executed by each individual governing body or their designee for each piece of equipment) or Request for Reimbursement Form (executed for each request for Grant funds) 2006-0825 Flowchart i 2006 Homeland Security Grant Program Interlocal Funding Agreement (executed by each individual governing body for the 2006 Grant Program) Political Subdivisions: 1. City of Detroit 2. Macomb County 3. Monroe County 4. Oakland County 5. St. Clair County 6. Washtenaw County 7. Wayne County C. 2006 HOMELAND SECURITY GRANT PROGRAM INTERLOCAL FUNDING AGREEMENT BETWEEN OAKLAND COUNTY AND [NAME OF POLITICAL SUBDIVISION] This Interlocal Funding Agreement ("the Agreement") is made between Oakland County, a Constitutional Corporation, 1200 North Telegraph, Pontiac, Michigan 48341 ("Fiduciary"), and the [Name and Address of Political Subdivision], a Michigan Municipal Corporation ("Political Subdivision"). In this Agreement the Fiduciary and the Political Subdivision may also be referred to individually as "Party" or jointly as "Parties." PURPOSE OF AGREEMENT. Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501, et seq., the Fiduciary and the Political Subdivision enter into this Agreement for the purpose of delineating the relationship and responsibilities between the Fiduciary, the Political Subdivision, and the Region 2 Planning Board regarding the 2006 Homeland Security Grant Program ("Grant Program") and use of Grant Program funds, including but not limited to, the purchase, use, and tracking of equipment purchased with Grant Program funds, purchase or reimbursement of services with Grant Program funds, and/or reimbursement for certain salaries and/or overtime with Grant Program funds. Oakland County, Michigan was elected and appointed Fiduciary for the 2006 Homeland Security Grant Program by Region 2 Planning Board via a resolution dated Oakland County accepted the position of Fiduciary and as a result entered into the 2006 Homeland Security Grant Program Agreement with the State of Michigan and became the Subgrantee for the Grant Program. In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree to the following: 1. DEFINITIONS. The following words and expressions used throughout this Agreement, whether used in the singular or plural, within or without quotation marks, or possessive or nonpossessive, shall be defined, read, and interpreted as follows. Agreement means the terms and conditions of this Agreement, the Exhibits attached hereto, and any other mutually agreed to written and executed modification, amendment, or addendum. 1.2. Claim means any alleged loss, claim, complaint, demand for relief or damages, cause of action, proceeding, judgment, deficiency, liability, penalty, fine, litigation, costs, and/or expenses, including, but not limited to, reimbursement for attorney fees, witness fees, court costs, investigation expenses, litigation expenses, and amounts paid in settlement, which are imposed on, incurred by, or asserted against the Fiduciary or Political Subdivision, as defined herein, whether such claim is brought in law or equity, tort, contract, or otherwise. Pagel 2006 Homeland Security Grant Program Funding Agreement — Final 1.1. 1.3. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m. 1.4. Fiduciary means Oakland County, a Constitutional Corporation including, but not limited to, its Board, any and all of its departments, divisions, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, volunteers, and/or any such persons successors. 1.5, Political Subdivision means the , a Michigan Municipal Corporation including, but not limited to, its Council, Board, any and all of its departments, its divisions, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, subcontractors, attorneys, volunteers, and/or any such persons successors. 1.6. Region means the area comprised of the City of Detroit and Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties. This Region mirrors the existing State emergency management district and the Office of Public Health Preparedness bio-defense network region. 1.7. Region 2 Homeland Security Planning Board ("Region 2 Planning Board") means the Regional Homeland Security Planning Board for Region 2, as created by the Michigan Homeland Protection Board, and is comprised of the City of Detroit and Macomb, Monroe, Oakland, St Clair, Washtenaw, and Wayne Counties. The Region mirrors the existing State emergency management district and the Office of Public Health Preparedness bio-defense network region. 1.8. 2006 Homeland Security Grant Program ("Grant Program") means the grant program described and explained in Exhibit B which began July 1, 2006 and ends March 31, 2008. The purpose of the Grant Program is to prevent, deter, respond to, and recover from incidents of national significance including, but not limited to, threats and incidents of terrorism. 2. AGREEMENT EXHIBITS. The Exhibits listed below and their properly promulgated amendments are incorporated and are part of this Agreement. 2.1. Exhibit A — Region 2 Homeland Security Planning Board Resolution; re: 2006 Homeland Security Grant Program Fiduciary; 2.2. Exhibit B — 2006 Homeland Security Grant Program Agreement between Fiduciary and the State; 2.3. Exhibit C — Transfer of Ownership Agreement/Equipment Receipt and Acceptance; and 2.4. Exhibit D — Request for Reimbursement Forms. 3. FIDUCIARY RESPONSIBILITIES. 3.1. The Fiduciary shall comply with all requirements set forth in the Grant Program Agreement between the Fiduciary and the State of Michigan. Page 2 2006 Homeland Security Grant Program Funding Agreement — Final 3.2. The Fiduciary shall comply with all requirements set forth in the 2006 Homeland Security Grant Program Guidance. 3.3. The Fiduciary shall purchase equipment with the Grant Program funds in accordance with the Fiduciary's purchasing policies and procedures. The Region 2 Planning Board shall determine what type of equipment will be purchased and who shall receive such equipment. 3.4. The Fiduciary shall create, maintain, and update a list/inventory of all equipment purchased with Grant Program funds beginning at the time the Grant Program Agreement is executed and ending three (3) years after the Grant Program is closed. The list/inventory shall include the following: (1) the equipment purchased; (2) the cost for each piece of equipment; (3) what Political Subdivision the equipment is transferred to; and (4) the physical location of the equipment. 3.5. The Fiduciary shall transfer ownership and legal title to the equipment purchased with Grant Program funds to Political Subdivisions, designated by the Region 2 Planning Board, via the Transfer of Ownership Agreement attached as Exhibit C. The Fiduciary's Emergency Response and Preparedness Administrator shall execute the Transfer of Ownership Agreement on behalf of the Fiduciary and shall execute the Transfer of Ownership Agreement on behalf of the Political Subdivision. 3.6. The Fiduciary shall notify each Political Subdivision at the end of the Fiduciary's fiscal year of the dollar amount of equipment that has been transferred to the Political Subdivision. 3.7. The Fiduciary shall reimburse or purchase services for the Political Subdivision with Grant Program funds, as directed by the Region 2 Planning Board. Such funds shall only be transferred or services purchased after the applicable Request for Reimbursement Forms, attached as Exhibit D, are properly executed by the Parties. The Fiduciary's Emergency Response and Preparedness Administrator shall execute the Forms on behalf of the Fiduciary and shall execute the Forms on behalf of the Political Subdivision. 3.8. The Fiduciary shall reimburse the Political Subdivision, as directed by the Region 2 Planning Board, with Grant Program funds for salaries and overtime for Political Subdivision employees and/or agents. Such funds shall only be transferred after the applicable Request for Reimbursement Forms, attached as Exhibit D, are properly executed by the Parties. The Fiduciary's Emergency Response and Preparedness Administrator shall execute the Forms on behalf of the Fiduciary and shall execute the Forms on behalf of the Political Subdivision. 3.9. The Fiduciary shall file this Agreement pursuant to law and provide executed copies of this Agreement to the Region 2 Planning Board Secretary and the applicable Political Subdivision. 4. POLITICAL SUBDIVISION RESPONSIBILITIES. 4.1. Upon receipt of equipment purchased with Grant Program funds, the Political Subdivision shall execute the Transfer of Ownership Agreement, attached as Exhibit C, for each piece of equipment. The Political Subdivision will not obtain title to the equipment and will not be permitted to use the equipment until the Fiduciary receives an executed Transfer of Page 3 2006 Homeland Security Grant Program Funding Agreement — Final Ownership Agreement. The Political Subdivision agrees to be bound by all terms and conditions of the Transfer of Ownership Agreement, attached as Exhibit C 4.2. Upon execution of the Transfer Ownership Agreement, Exhibit C, the Political Subdivision shall be solely responsible for the equipment, including but not limited to the following: 4.2.1. Operation of the equipment; 4.2.2. Maintenance and repair of the equipment; 4.2.3. Replace or repair equipment which is willfully or negligently lost, stolen, damaged, or destroyed; 4.2.4. Investigate, fully document, and make part of the official Grant Program records any loss, damage, or theft of equipment; 4.2.5. Insurance for the equipment if required by law or if the Political Subdivision deems it appropriate in its discretion; 4.2.6. Training for use of the equipment, if training is not included with the purchase of the equipment; and 4.2.7. Liability for all Claims arising out of the Political Subdivision's use of the equipment. 4.3. The Political Subdivision shall comply with and shall use the equipment in accordance with the 2006 Homeland Security Grant Program Guidance. 4.4. The Political Subdivision shall keep the Fiduciary informed of the location of the equipment. If the equipment by its nature is mobile, the Political Subdivision must provide a general location or "home-base" where the equipment can be found. If the location of the equipment changes, the Political Subdivision shall provide the new location to the Fiduciary immediately. The information required by this Section shall be provided to the Fiduciary upon execution of the Transfer Ownership Agreement and continue until three (3) years after the close of this Grant Program. 4.5. The Political Subdivision shall list all equipment transferred to it pursuant to the Transfer Ownership Agreement on its Schedule of Expenditures of Federal Awards. 4.6. Except for equipment that is disposable or expendable, the Political Subdivision shall inform the Fiduciary if it plans to dispose of the equipment and work with the Fiduciary regarding any issues associated with disposal of the equipment. 4.7. The Political Subdivision shall be solely responsible for all costs, fines, and fees associated with the use and misuse of the equipment, including but not limited to, costs for replacing the equipment or costs, fines, or fees associated with an ineligible use determination by auditors. 4.8. The Political Subdivision shall make the equipment available to the Fiduciary and State and Federal Auditors upon request. Page 4 2006 Homeland Security Grant Program Funding Agreement — Final Ri 4.9. Prior to reimbursement for the purchase of services and/or for salaries or overtime, the Political Subdivision shall properly execute the applicable Request for Reimbursement Forms, attached as Exhibit D. The Political Subdivision shall not receive reimbursement for services, salaries, and/or overtime until all applicable Request for Reimbursement Forms are properly executed. The Fiduciary, in its sole discretion, shall determine if the Request for Reimbursement Forms are properly executed. 5. REGION 2 PLANNING BOARD RESPONSIBILITIES. The Parties agree and acknowledge that the Region 2 Planning Board shall have the following responsibilities: 5.1. Undertake studies and make recommendations on matters of emergency management and homeland security to Political Subdivisions in the Region; 5.2. Prepare and present to the State Homeland Security Advisory Council findings of activities and initiatives undertaken in the Region; 5.3. Hold public meetings, subject to the Michigan Open Meetings Act; 5.4. Perform such other acts or functions as it may deem necessary or appropriate to fulfill the duties and obligations imposed by Federal and State homeland security program requirements; 5.5. Establish sub-committees to carry out its work; 5.6. Advocate for, monitor, and actively engage in the implementation of the Regional Homeland Security Strategy; and 5.7. Determine what type of equipment will be purchased with the Grant Program funds, determine what equipment each Political Subdivision will receive, and convey this information to the Fiduciary immediately after such determinations are made. 6. DURATION OF INTERLOCAL AGREEMENT. 6.1. The Agreement and any amendments hereto shall be effective when executed by both Parties with concurrent resolutions passed by the governing bodies of each Party and shall end three (3) years from the date the Grant Program is closed. The approval and terms of this Agreement and any amendments hereto shall be entered in the official minutes of the governing bodies of each Party. 7. ASSURANCES. 7.1. Each Party shall be responsible for its own acts and the acts of its employees, and agents, the costs associated with those acts, and the defense of those acts. 7.2. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this Agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained herein. Page 5 2006 Homeland Security Grant Program Funding Agreement — Final 7.3. Each Party shall comply with all federal, state, and local ordinances, regulations, administrative rules, laws, and requirements applicable to its activities performed under this Agreement, including but not limited to the Grant Program Agreement, attached as Exhibit B and the 2006 Homeland Security Grant Program Guidance. 8. TERMINATION OR CANCELLATION OF AGREEMENT. Either Party may terminate and/or cancel this Agreement upon thirty (30) Days notice to the other Party. The effective date of termination and/or cancellation shall be clearly stated in the notice. If this Agreement is terminated and/or cancelled, the Transfer of Ownership Agreements executed prior to the date of termination and/or cancellation, shall remain valid and govern the Parties' duties and obligations regarding equipment transferred to the Political Subdivision and the Parties shall execute Transfer of Ownership Agreements for all equipment ordered by the Fiduciary prior to the date of termination and/or cancellation. 9. NO THIRD PARTY BENEFICIARIES. Except as provided for the benefit of the Parties, this Agreement does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation, and/or any other right, in favor of any other person or entity. 10. DISCRIMINATION. The Parties shall not discriminate against their employees, agents, applicants for employment, or another persons or entities with respect to hire, tenure, terms, conditions, and privileges of employment, or any matter directly or indirectly related to employment in violation of any federal, state or local law, 11. PERMITS AND LICENSES. Each Party shall be responsible for obtaining and maintaining, throughout the term of this Agreement, all licenses, permits, certificates, and governmental authorizations necessary to carry out its obligations and duties pursuant to this Agreement. 12. RESERVATION OF RIGHTS. This Agreement does not, and is not intended to waive, impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties. 13. DELEGATION/SUBCONTRACT/ASSIGNMENT. Neither Party shall delegate, subcontract, and/or assign any obligations or rights under this Agreement without the prior written consent of the other Party. 14. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any rights or remedies under this Agreement shall constitute a waiver of those rights with regard to any existing or subsequent breach of this Agreement. No waiver of any term, condition, or provision of this Agreement, whether by conduct or otherwise, in one or more instances, shall be deemed or construed as a continuing waiver of any term, condition, or provision of this Agreement. No waiver by either Party shall subsequently affect its right to require strict performance of this Agreement. 15. SEVERABILITY. If a court of competent jurisdiction finds a term, or condition, of this Agreement to be illegal or invalid, then the term, or condition, shall be deemed severed from this Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full force. Page 6 2006 Homeland Security Grant Program Funding Agreement — Final EXECUTED: DATE: WITNESSED: DATE: 16. CAPTIONS. The section and subsection numbers, captions, and any index to such sections and subsections contained in this Agreement are intended for the convenience of the reader and are not intended to have any substantive meaning. The numbers, captions, and indexes shall not be interpreted or be considered as part of this Agreement. Any use of the singular or plural number, any reference to the male, female, or neuter genders, and any possessive or nonpossessive use in this Agreement shall be deemed the appropriate plurality, gender or possession as the context requires. 17. NOTICES. Notices given under this Agreement shall be in writing and shall be personally delivered, sent by express delivery service, certified mail, or first class U.S. mail postage prepaid, and addressed to the person listed below. Notice will be deemed given on the date when one of the following first occur: (1) the date of actual receipt; (2) the next business day when notice is sent express delivery service or personal delivery; or (3) three days after mailing first class or certified U.S. mail. 17.1. If Notice is sent to the Fiduciary, it shall be addressed and sent to: Oakland County Board of Commissioners Chairperson, 1200 North Telegraph, Pontiac, Michigan 48341, with a copy to Oakland County Emergency Response and Preparedness, Administrator, 1200 N. Telegraph Dept 410, Building 47 West, Pontiac, Michigan 48341. 17.2. If Notice is sent to the Political Subdivision, it shall be addressed to: 17.3. Either Party may change the address and/or individual to which Notice is sent by notifying the other Party in writing of the change. 18. GOVERNING LAW. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. 19. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments, recessions, waivers, or releases to this Agreement must be in writing and executed by both Parties. 20. ENTIRE AGREEMENT. This Agreement represents the entire agreement and understanding between the Parties. This Agreement supersedes all other oral or written agreements between the Parties. The language of this Agreement shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. IN WITNESS WHEREOF, Bill Bullard, Jr., Chairperson, Oakland County Board of Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners, a certified copy of which is attached, to execute this Agreement on behalf of the Oakland County, and hereby accepts and binds the Oakland County to the terms and conditions of this Agreement. Chairperson Oakland County Board of Commissioners Clerk/Register of Deeds County of Oakland Page 7 2006 Homeland Security Grant Program Funding Agreement — Final [Political Subdivision Signature Block] Page 8 2006 Homeland Security Grant Program Funding Agreement — Final ,20 EXHIBIT C TRANSFER OF OWNERSHIP AGREEMENT/EQUIPMENT RECEIPT AND ACCEPTANCE FOR PURCHASES UNDER CFDA NUMBER This Transfer of Ownership Agreement ("Ownership Agreement") is executed by and between the County of Oakland, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("Fiduciary") and (Insert name and address of Political Subdivision) ("Political Subdivision") on (insert date). In consideration of the mutual promises, obligations, representations, and assurances in this Ownership Agreement, the Fiduciary and Political Subdivision agree to the following terms and conditions: 1. Definitions. 1.1. Ownership Agreement means the terms and conditions of this Ownership Agreement and any other mutually agreed to written and executed modification, amendment, or addendum. 1.2. Claim means any alleged loss, claim, complaint, demand for relief or damages, cause of action, proceeding, judgment, deficiency, liability, penalty, fine, litigation, costs, and/or expenses, including, but not limited to, reimbursement for attorney fees, witness fees, court costs, investigation expenses, litigation expenses, and amounts paid in settlement, which are imposed on, incurred by, or asserted against the Fiduciary or Political Subdivision, as defined herein, whether such claim is brought in law or equity, tort, contract, or otherwise. 1.3. pay means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m. 1.4. Equipment means the equipment purchased with Grant Program funds which is listed and described in Section 2 of this Ownership Agreement. 1.5. Fiduciary means Oakland County, a Constitutional Corporation including, but not limited to, its Board, any and all of its departments, divisions, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, volunteers, and/or any such persons successors. 1.6. Political Subdivision means the , a Michigan Municipal Corporation including, but not limited to, its Council, Board, any and all of its departments, its divisions, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, subcontractors, attorneys, volunteers, and/or any such persons successors. 1.7. Region means the area comprised of the City of Detroit and Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties. This Region mirrors the existing State emergency management district and the Office of Public Health Preparedness bio-defense network region. 1.8. Region 2 Homeland Security Planning Board ("Region 2 Planning Board") means the Regional Homeland Security Planning Board for Region 2, as created by the Michigan Homeland Protection Board, and is comprised of the City of Detroit and Macomb, Monroe, Oakland, St Clair, Washtenaw, and Wayne Counties. The Region mirrors the existing State emergency management district and the Office of Public Health Preparedness bio-defense network region. 2. Transfer of Title. Transfer of Ownership Agreement/Equipment Receipt and Acceptance — Final Page 1 2.1. Pursuant to the 2006 Homeland Security Grant Program Interlocal Funding Agreement, the Fiduciary purchased the following Equipment with 2006 Homeland Security Grant Program funds as directed by the Region 2 Planning Board: 2.1.1. [List Equipment Purchased] 2.2. The Fiduciary grants all right, title, and interest to the Equipment to the Political Subdivision. 3. Acceptance of Equipment. 3.1. By signing this Ownership Agreement, the Political Subdivision accepts the Equipment in its current condition, "AS IS -, acknowledges that it had an opportunity to inspect the Equipment. 4. Fiduciary Assurances. The Fiduciary represents the following: 4.1. The Fiduciary has full right and title to transfer ownership of the Equipment to the Political Subdivision. 4.2. The Fiduciary has no knowledge of any judgments, liens, mortgages, pledges, claims, rights, security, interests, encumbrances, or any other adverse interests against the Equipment. 4.3. To the extent possible, the Fiduciary transfers all warranties to the Equipment to the Political Subdivision. 4.4. The Fiduciary shall notify each Political Subdivision at the end of the fiscal year of the dollar amount of Equipment that has been transferred to the Political Subdivision. 5. Political Subdivisions Responsibilities. 5.1. Upon execution of this Ownership Agreement the Political Subdivision shall be solely responsible for the Equipment, including but not limited to the following: 5.1.1. Operation of the Equipment; 5.1.2. Maintenance and repair of the Equipment; 5.1.3. Replace or repair Equipment which is willfully or negligently lost, stolen, damaged, or destroyed; 5.1.4. Investigate, fully document, and make part of the official Grant Program records any loss, damage, or theft of Equipment; 5.1.5. Insurance for the Equipment if required by law or if the Political Subdivision deems it appropriate in its discretion; 5.1.6. Training for use of the Equipment, if training is not included with the purchase of the Equipment; and 5.1.7. Liability for all Claims arising out of the Political Subdivision's use of the Equipment. 5.2. The Political Subdivision shall comply with and shall use the Equipment in accordance with the 2006 Homeland Security Grant Program Guidance. 5.3. The Political Subdivision shall keep the Fiduciary informed of the location of the Equipment. If the Equipment by its nature is mobile, the Political Subdivision must provide a general location or "home-base" where the Equipment can be found. If the location of the Equipment changes, the Political Subdivision shall provide the new location to the Fiduciary immediately. The information required by this Section shall be provided to the Fiduciary Transfer of Ownership Agreement/Equipment Receipt and Acceptance - Final Page 2 72 7> upon execution of this Ownership Agreement and continue until three (3) years after the close of this Grant Program. 5.4. The Political Subdivision shall list all Equipment transferred to it pursuant to this Ownership Agreement on its Schedule of Expenditures of Federal Awards. 5.5. Except for Equipment that is disposable or expendable, the Political Subdivision shall inform the Fiduciary if it plans to dispose of the Equipment and work with the Fiduciary regarding any issues associated with disposal of the Equipment. 5.6. The Political Subdivision shall be solely responsible for all costs, fines, and fees associated with the use and misuse of the Equipment, including but not limited to, costs for replacing the Equipment or costs, fines, or fees associated with an ineligible use determination by auditors. 5.7. The Political Subdivision shall make the Equipment available to the Fiduciary and State and Federal Auditors upon request. 6. No Third Party Beneficiaries. Except as provided for the benefit of the Parties, this Ownership Agreement does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation, and/or any other right, in favor of any other person or entity. 7. Discrimination. The Parties shall not discriminate against their employees, agents, applicants for employment, or another persons or entities with respect to hire, tenure, terms, conditions, and privileges of employment, or any matter directly or indirectly related to employment in violation of any federal, state or local law. 8. Permits and Licenses. Each Party shall be responsible for obtaining and maintaining, throughout the term of this Ownership Agreement, all licenses, permits, certificates, and governmental authorizations necessary to carry out its obligations and duties pursuant to this Ownership Agreement. 9. Reservation of Rights. This Ownership Agreement does not, and is not intended to waive, impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties. 10. Delegation/Subcontract/Assignment. Neither Party shall delegate, subcontract, and/or assign any obligations or rights under this Ownership Agreement without the prior written consent of the other Party. 11. No Implied Waiver. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any rights or remedies under this Ownership Agreement shall constitute a waiver of those rights with regard to any existing or subsequent breach of this Ownership Agreement. No waiver of any term, condition, or provision of this Ownership Agreement, whether by conduct or otherwise, in one or more instances, shall be deemed or construed as a continuing waiver of any term, condition, or provision of this Ownership Agreement. No waiver by either Party shall subsequently affect its right to require strict performance of this Ownership Agreement, 12. Severability. If a court of competent jurisdiction finds a term, or condition, of this Ownership Agreement to be illegal or invalid, then the term, or condition, shall be deemed severed from this Ownership Agreement. All other terms, conditions, and provisions of this Ownership Agreement shall remain in full force. Transfer of Ownership Agreement/Equipment Receipt and Acceptance — Final Page 3 13. Captions. The section and subsection numbers, captions, and any index to such sections and subsections contained in this Ownership Agreement are intended for the convenience of the reader and are not intended to have any substantive meaning. The numbers, captions, and indexes shall not be interpreted or be considered as part of this Ownership Agreement. Any use of the singular or plural number, any reference to the male, female, or neuter genders, and any possessive or nonpossessive use in this Ownership Agreement shall be deemed the appropriate plurality, gender or possession as the context requires. 14. Notices. Notices given under this Ownership Agreement shall be in writing and shall be personally delivered, sent by express delivery service, certified mail, or first class U.S. mail postage prepaid, and addressed to the person listed below. Notice will be deemed given on the date when one of the following first occur: (1) the date of actual receipt; (2) the next business day when notice is sent express delivery service or personal delivery; or (3) three days after mailing first class or certified U.S. mail. 14.1. If notice is sent to the Fiduciary, it shall be addressed and sent to: Oakland County Board of Commissioners Chairperson, 1200 North Telegraph, Pontiac, Michigan 48341, and to Oakland County Emergency Response and Preparedness, Administrator, 1200 N. Telegraph Dept 410, Building 47 West, Pontiac, Michigan 48341. 14.2. If notice is sent to the Political Subdivision, it shall be addressed to: 14.3. Either Party may change the address and/or individual to which notice is sent by notifying the other Party in writing of the change. 15. Governing Law. This Ownership Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. 16. Agreement Modifications or Amendments. Any modifications, amendments, recessions, waivers, or releases to this Ownership Agreement must be in writing and executed to by both Parties. 17. Entire Agreement. This Ownership Agreement represents the entire agreement and understanding between the Parties. This Ownership Agreement supersedes all other oral or written agreements between the Parties. The language of this Ownership Agreement shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. The individual or official executing this Ownership Agreement certifies that by his or her signature that he or she is authorized to sign this Ownership Agreement and bind the Fiduciary and Political Subdivision to the terms and conditions of this Ownership Agreement. Fiduciary: The County of Oakland Date Political Subdivision: [Insert Name] Date Transfer of Ownership Agreement/Equipment Receipt and Acceptance — Final Page 4 1,R Region 2 Reimbursement Forms - Reimbursement to participating jurisdictions from Fiduciary. Form A Reimbursement Request Coversheet. Version 1.0 Last Updated October 2, 2006 B. Lewis Reimbursement Request Coversheet For all ODP Homeland Security Grants; use a new coversheet for each request contact andActivit In ormation. Veal 8: 1 itle, of fiat Political Subdivision Page 11 of Petit Kat Solid, sit n i Pi int:try Contact Contact Phone Number Type of Act IV ny ot E. tem Person's Name and Phone if different than above sootact ('I,ritdo lax Date(s) if Attic ity or Px.ciii Al locatiOn And Solution Area .1nfornaltantf , Circle (Ile appr opr late grant program Circle the appropriate Solution Area (expenses must meet SA guidelines) SHSCiP LETPP [IASI Planning Training Exercise ( nd, Ile I AlsCO, ( aicory Call that apply.) Payroll Expenses Contract Services Travel Expenses Supplies Other Reimbursement Category (attach all detail forms to this coversheet) Amount Total of all attached Payroll Reimbursement Detail Forms $0.00 Total of all attached Travel Reimbursement Detail Forms $0.00 Total of all attached Supplies & ')ther Reimbursement Detail Forms $0.00 Total Reimbursement Requested $0.00 • Political Subdivision's. Authorized Representative - • By sliming tlnis document, tile signer certifies that the above information is true and accurate. that reimbursement is being requested for authorized expenditures only., and documentation for these transactions is aiailable for audit. The signer further agrees that the jurisdiction lie site represents will return any reimbursement received to Oakland County if the original expenditure is deemed to be ineligible at audit. Prinz Name and Title Phone Number Signature Date • f()11 FMUCIARY USE ON L.Yy:•.„,,:.. Content approval Fiscal Approval Signature Date Signature Date Comments 'Comments cr, Instructions Contact and Activity Information - Year and Title of Grant - Enter the year and title of grant, ie, 2006 Urban Area Security Intiative, 2006 State Homeland Security Grant Program, etc. Political Subdivision - Enter the name of Lie political subdivision requesting reimbursement. The subdivision must have an interlocal funding agreement on file with the fiduciary to receive reimbursement. Political Subdivision Primary contact - Enter the name of the primary contact for the grant, someone who can answer questions about the reimbursement request. Contact Phone Number - Enter the phone number of the primary contact. Type of Activity or Event - Describe the activity reimbursement is being requested for, ie, Solution Area Planner, Contract Services, etc. Person's Name and Phone completing this form if different than above contact - if the person completing the form is different than the primary contact. enter their name and phone # here. Contact Fax Number - Enter the fax number of the primz.:y contact. Date(s) of Activity or event - Enter the dates the activity listed was completed. Allocation and Solution Area Information - Circle the appropriate grant program - Choose which funding stream the project is being funded under. Circle the appropriate solution area - Choose the solution area the project is being conducted under (note, equipment is missing because the fiduciary will be purchasing all equipment. Circle expense category (all that apply) - Choose the expense category(ies) that best describe the expenditures for the project. Reimbursement Category - Total of all attached Payroll Reimbursement Detail Forms - add the totals from all attached Payroll Reimbursement Detail forms and enter it or. this line. Total of all attached Travel Reimbursement Detail Forms - add the totals from all attachedTravel Reimbursement Detail forms and enter it on this line. Total of all attached Services, Supplies, and Other Items Reimbursement Detail Forms - add the totals from all attached Services, Supplies, and Other Items Reimbursement Detail forms and enter it on this line. rage Region 2 Reimbursement Forms - Reimbursement to participating jurisdiction from fiduciary. Form B - Payroll Reimbursement Detail Form Version 1.0 Last Updated September 30, 2006 B. Lewis Payroll Reimbursement Detail Form Reference the attached instruction sheet before completing this reimbursement detail Attach to Reimbursement Request Coversheet .. - :Data litturaWorked Each Day I „. . . . .68., ,,,,.. Results late Overtime Rate jotal Amstar Total Ot.cnime Dopler* Root (Last rim lItt• e .) Code Pet Dour • per floorP Dim RaaRteges , Wages Teta t'e, Dtoo I.:11 Warm Hours 0 $0.00 S0.00 S0.00 $0.00 Hours , ._ 0 . $0.00 S0.00 $0.00 $0.00 . Hours 0 $0.00 $0.00 $0.00 $0.00 - ' Hours 0 . $0.00 $0.00 $0..00 $0.00 - _ Hours - 0 $0.00 , $0.00 $0.00 $0.00 , Hours 7 - 0 . $0.00 , $0.00 $0.00 $0,00 Hours 0 , $0.00 $0.00 $0.00 $0.00 Hours .0 $0.00 $0.00 $0.00 $0.00 Hours 0 $0.00 $0.00 $0.00 $0.00 Hours , . 0 $0.00 _ $0.00 $0.00 scroo Hours 0 $0.00 $0..00 50.00 50..00 flours 0 , 50.00 , $0.00 $0.00 $0.00 , I fours 0 50.00 50.00 $0.00 .50!-00 Hours 0 WOO S0.00 50.00 $0.00 I lours 0 WOO 50.00 S0.00 S0.00 Hours . 0 $000 50.00 50.00 $0,00 . 110MS 0 S0.00 50.00 50.00 50.00 Hours 0 S0.00 S0.00 50.00 $0.00 I lours 0 $0.00 $0.00 $0.00 $0.00 flours 0 $000 $0.00 $0.00 $0.00 Hours , 0 $0.00 $0.00 $0.00 $0.00 Hours . 0 $0.00 $0.00 $0.00 $0.00 _ Hours ., . 0 50.00 50.00 $0.00 $0.00 . Hours 0 $0.00 $0.00 $0.00 $0.00 / lours 0 $0.00 50.00 S0.00 $0.00 1 1 Totals - 50.00 50.00 $0.00 Please enter the fringe benefit rates on the instruction sheet in order to properly calculate benefits. Total Regular Wages $0.00 Total Overtime Wage - $0.00 Total Per Diem = $0.00 Total Wages - $0.00 x FrinEe Benefit Rate - 0.00% x Fringe Benefit Rate - 0.00% Total Benefits - $0.00 Regular Benefits = $0.00 Overtime Benefits -- $0.00 Grand Total (this page only) = $0.00 EMPLOYU.cODE =. (FE) Full-time existii is (Pb) Part-time existing . •(FN) Full-time new .... (PN) Part-t time new (B) Backfill . - (V) Volunteer olitiegSttbdionis Auth.ori,ted:Repti* '- By signing this document, the signer certifies that the above information is true and accurate, that reimbursement is being requested for authorized expenditures only, and documentation for these transactions is available for audit. The signer further agrees that the jurisdiction he/she represents will return any reimbursement received to Oakland County if the original expenditure is deemed to be ineligible at audit. Mit-14e end Title. ::, P.me isIttintier:::. Silinakife .. Date.... . x Return all completed reimbursement requests to Oakland County Emergency Response and Preparedness, 1200 N. Telegraph Rd, Dept. 410, Pontiac, M1 48341, Atm: Brandon Lewis. General Information A separate Payroll Reimbursement Detail Form must be completed for each individual project Each change in an employee's wage rate requires the use of a different line for each wage rate Mail competed forms to Oakland County ERP, 1200 N. Telegraph Rd., Dept 410, Pontiac, MI 48341, Attn: Brandon Lewis For each employee, enter their last name, first name, and middle initial Each employee requires a code. Fill in the proper code to the right of the employee's name Enter the date worked on the "Date" line, and the number of hours directly below. Do not enter regular time and overtime on the same line. Use a different line even if for the same employee. Once the hours worked and the rate per hour are entered, all other fields will calculate themselves. Once totals are calculated, transfer the grand total to the Reimburse! FRINGE BENEFIT RATE CALULATION WORKSHEET INSTRUCTIONS Fringe benefits for force account labor are eligible. Only FICA. unemployment, worker's comp., and retirement are eligible fringe benefits for overtime If fringe benefit % vary from person to person, fill out a separate form for each person. Calculate the fringe benefit percentage for each allowable category. Note: there are 2080 hours in a work year. If you have any questions, contact Brandon Lewis at (248) 858-1598 or lewisb@oakgov.com Fringe Benefits (%) Regular Time Overtime Holidays 0.00% Vacation Leave 0.00% Sick Leave 0.00% Social Security 0.00% 0.00% Medicare 0.00% 0.00% Unemployment 0.00% 0.00% Worker's Comp. 0.00% 0.00% Retirement 0.00% 0.00% Health Benefits 0.00% Life Insurance 0.00% Other 0.00% Total c)/0 of salary 0.00% 0.00% t'age ot 1 Region 2 Reimbursement Forms - Reimbursement to participating jurisdictions from Fiduciary. Form C - Travel Reimbursement Detail Form Modified September 30, 2006 Version 1.0 Travel Reimbursement Detail Form Reference the attached instiuction stied before completing this detail Attach to Reimbursement Request Coversheet Number o . 1 Travel" f Travel .. Mileage Total Mileage Days Lodging . Meals Meal Other ... Total Employee Name Start Date End Date Rate : Miles:- Amount Lodging : Amount B L D Amount Expenses Description of other Expenses Expenses $0.00 30 .00 $0 .00 $0.00 S0.00 $0.00 S0.00 $0.00 $0.00 $0 .00 $0.00 S0.00 $0.00 $0.00 $0.00 $0,00 $0.00 $0.00 S0.00 $0.00 $0.00 30.00 30.00 30 .00 S0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 30.00 $0.00 $0.00 30.00 30.00 $0.00. $0 .00 S0.00 $0.00 $0 .00 $0 .00 30 .00 30 .00 S0.00 $0 .00 $0 .00 $0.00 50 .00 50.00 50.00 50.00 _ $0.00 S0.00 S0.00 30.00 30 00 S0.00 50 .00 S0.00 S »0 so 0( S0.00 SO )0 30.00 30 .00 50.00 S0.00 S0.00 S0.00 30 .00 SO 00 $0.00 50 .00 $0.00 50 .00 SO 00 $0 .00 SO 00 $0.00 $0 00 S0.00 0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 50.00 $0.00 $0.00 $0.00 $0.00 $0 .00 $0.00 50.00 $( 00 $0.00 50.00 50.00 30.00 $0.00 $0.00 30.00 30.00 $0.00 50.00 $0.00 30 .00 3 ) )0 30.00 SO 00 50.00 Fowls $0.00 $0.00 $0.00 $0.00 Grand Total - $0,00 Political Subdivision's Authorized Representative * By signing this document, the signer certifies that the above information is true and accurate, that reimbursement is being requested for authorized expenditures only, and documentation for these transactions is available for audit. The signer further agrees that the jurisdiction he/she represents will return any reimbursement received to Oakland County if the original expenditure is deemed to be ineligible at audit. . :Piitiftfiti - Ti e ' :' Phofie,Mittibee SinatutiW• . _ X Return all completed reimbursment requests to Oakland County Emergency Response and Preparedness, 1200 N. Telegraph Rd., Dept. 410, Pontiac, M148341, Attn: Brandon Lewis Instructions Employee Name - Enter the last name, first name, and middle initial of the employee. One employee per line. Travel Start Date - Enter the date the travel began. Travel End Date - Enter the date the travel ended. Mileage Rate - Enter the vehicle mileage rate, if a personal vehicle was used. Use the local rate unless it exceeds the state rate, currently $0.445 per mile. Total Miles - Enter the total number of miles driven, if a personal vehicle was used. Note, if a government owned vehicle was used, submit the proper rate from the FEMA Equipment Rate Schedule on the Services, Supplies, and Other Items Reimbursment Detail Form. Mileage Amount - This field is calculated from Previous Information. Number of Days Lodging - Enter the total days lodging for this travel period, if applicable. Lodging Amount - Enter the total amount spent for all days lodging, if applicable. Meals - Enter the number of meals for which reimbursement is requested, if applicable. Under B, enter the number of breakfasts, under L the number of lunches, and under D the number of dinners. Meal reimbursments are limted to the state rates - $7,25 for breakfast and lunch and $16.50 for dinner. If you are seeking per diem reimbursement, these rates represent a maximum even if the local rate is higher. Meal Amount - enter the total amout requested for all meals indicated in the meals column. Other expenses - enter the total amount for other approved travel expenses, if applicable. Total Expenses - Calculated from previous information entered on the form. Description of other expenses - describe the expenses being reimbursed in the Other espenses column. For further questions regarding this form, please contact Brandon Lewis at (248)858-1598 or lewisb*oakgov.com 3c) Region 2 Reimbursement Forms - Reimbursement to participating jurisdicions from Fiduciary. Form D - Services, Supplies, and Other Items Reimbursement Detail Form. Version 1.0 Last Updated September 30, 2006 B. Lewis Page ot Services, Supplies, and Other Items Reimbursement Detail Form Reference the attached instruction sheet before completing this detail Attach to Reimbursement Request Coversheet Total Company or Vendor Name Description of Services, Supplies, or Other Items must be HSGP Cligible) Expenses $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 . $0.00 $0.00 $0.00 _ _ $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Grand total this page — $0.00 Polieital Subdivision's Authorized Representative By Signing this document, the signer certifies that the above irformation is true and accurate, that reimbursement is being requested for authorized expenditures only, and documentation for these transactions is available for audit. The signer further agrees that the jurisdiction helshe represents will return any reimbursement to Oakland County if the original expenditure is deemed to be ineligible at audit. .Print Name and Title Phone Number Signature r, Date I. X Return all completed reimbursement requests to Oakland County Emergency Response and Preparedness, 1200 N. Telegraph Rd., Dept. 410, Pontiac, MI 48341, Attn: Brandon Lewis Instructions Company or Vendor Name - Enter the name of the company/vendor that supplies the services requested for reimbursement. Description of Services, Supplies, or Other Items - Brief description of what is being requested for reimbursement. Total Expenses - Invoice total of the expenses that are being requested for reimbursement. Please list only one invoice per line. All invoices will total at the bottom of the sheet For further questions regarding this form, please contact Brandon Lewis at (248)858-1598 or lewisb(i:coakgov.com 3 FISCAL NOTE (RM. #06246) December 14, 2006 BY: FINANCE COMMITTEE, CHOCK MOSS, CHAIRPERSON IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS - ACCEPTANCE FOR 2006 HOMELAND SECURITY GRANT PROGRAM TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. Funding has been released from the United States Department of Homeland Security to the State of Michigan for the 2006 Homeland Security Program. 2. The State of Michigan has awarded a 2006 Homeland Security Grant to Region 2 in the amount of $18,557,393 for the period of July 1, 2005 through March 31, 2008. 3. Region 2 in the State of Michigan includes, but is not limited to the following Political Subdivisions: City of Detroit and Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties. 4. Representatives of the Regional 2 planning Board have elected and appointed Oakland County as Fiduciary and Subgrantee for the 2006 Homeland Security Grant Program, if the County so desires. 5. The 2006 Homeland Security Grant Program consists of the following: State Homeland Security Award $ 1,989,273 Regional Response Team Network $ 120,000 Law Enforcement Terrorism Prevention Program $ 1,544,120 Urban Areas Security Initiative (UASI) $14,904,000 Total Award $18,557,393 6. The election and appointment of Oakland County as Fiduciary and Subgrantee for the 2006 Homeland Security Grant Program requires additional staff to discharge various responsibilities and activities for each political subdivision, for which the Region 2 Planning Board approved an expenditure of $250,000 from the grant award to fund these costs. 7. New positions to be created include: One (1) new classification titled ERP-UASI Regional SAP - Grade 9 One (1) new classification titled ERP-Regional SAP - Grade 8 One (1) FTE SR ERP-UASI Regional SAP One (1) FTE SR ERP-Regional SAP One (1) FTNE SR Buyer IT One (1) SR Business Analyst (1010115-10296) position will be continued under this grant and laterally reclassified to the newly requested ERP-Regional SAP classification. 8. Most of the purchases for equipment and operating expenses will be handled directly by Oakland County through the Purchasing Division. 9. Other expenses will be incurred by participating political subdivisions related to the 2006 Homeland Security Grant Program, for which they may be eligible for reimbursement from the State. 10. Requests for reimbursement must be submitted to Oakland County on a monthly basis within 15 days from the end of the month, at which time the County will verify the request for accuracy and compliance. 11. After verification, the County will submit the information to the State for payment. Upon receipt of funding, payment will be forwarded to the political subdivision requesting reimbursement. FINANCE COMMITTEE Motion carried on a roll call vote with Rogers absent. 12. No county match or in-kind contributions are required. 13. A budget amendment is recommended to allocate funding for the newly classified County positions requested as follows: Homeland Security Fund #29340 Project GR #000000Cxxx (Urban Areas Security Initiative) (UASI) Activity A, Analysis Type GLB FY 2007 FY 2008 Budget Budget Revenue 1010115-115090-610313 Grants - Federal $ 250,000 $ 250,000 Expenditures 1010115-115090-702010 Salaries $ 174,510 $ 174,510 1010115-115090-722740 Fringe Benefits $ 75,490 $ 75,490 Total Expenditures $ 250,000 $ 250,000 0 $ 0 FINANCE COMMITTEE RUtlYjohn-son, County Clerk 4 Resolution #06246 December 14, 2006 Moved by Molnar supported by Gregory the resolutions (with fiscal notes attached) on the Consent Agenda, be adopted (with accompanying reports being accepted). AYES: Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jacobsen, Jarnian, KowaII, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Potter, Rogers, Scott, Suarez, Wilson, Zack, Bullard. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda, were adopted (with accompanying reports being accepted). 41.." I HEREBY APPROVE THE FORPONG RESOLUTION STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on December 14, 2006, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 14th day of December, 2006.